Jerry W. Blackwell

BACKGROUND

Jerry W. Blackwell is the founding partner, CEO and chairman of Blackwell Burke P.A. Mr. Blackwell serves as national and trial counsel for several major corporations, having represented them in federal and state courts in 47 states and internationally. He is an experienced trial lawyer with nationwide experience defending class actions, toxic tort, commercial disputes, products liability, and other high stakes complex cases. Mr. Blackwell has numerous winning jury verdicts and favorable settlements to his credit. He is a frequent presenter on winning trial strategies and how to communicate complicated legal, scientific, and business issues to jurors.

Mr. Blackwell is admitted to practice in the state and federal courts of Minnesota, federal district courts of Michigan, Arizona, Colorado, and Illinois, as well as the United States Supreme Court and Fourth, Seventh, Eighth, Ninth and Eleventh Circuit Courts of Appeals. Mr. Blackwell has presented to the Federal Bar Association, American Bar Association, Minnesota State Bar Association, National Bar Association, International Association of Defense Counsel, National College of Advocacy, and various Fortune 500 clients and trade organizations.

He is a founder of the Minnesota Association of Black Lawyers. In 2011, Governor Mark Dayton appointed Mr. Blackwell to serve as an at-large member of the Minnesota Commission on Judicial Appointments. He was reappointed to the Commission in 2015.

REPRESENTATIVE CASES

Benzene Exposure Trial. Won a complete defense verdict for one of the world's largest global innovation manufacturing companies in a seven-figure benzene exposure case in Madison County, Illinois after a two-week trial. Madison County has consistently been named a “judicial hellhole” for corporate defendants.

Hebrew National Putative Nationwide Class Action. Won dismissal with prejudice of a putative nationwide class action brought against ConAgra Foods, Inc. This was the third victory for the Blackwell Burke defense team (following published decisions in federal court and the Eighth Circuit) in litigation in which the plaintiffs alleged that the ConAgra’s Hebrew National brand beef products were not “100% kosher as advertised.”

"Popcorn Lung" Litigation. Won a complete defense victory as first-chair trial counsel in a month-long jury trial in the first consumer "popcorn lung" case to go to trial. Won summary judgment in the first "popcorn lung" case resolved in federal court by refuting plaintiff's primary argument that consumer exposure to popcorn vapors was comparable to industrial-level exposure. Both cases were affirmed on appeal.

Asbestos Exposure Trial. Won a complete defense verdict in seven-figure asbestos exposure case in St. Louis, Missouri for one of the world's largest global innovation manufacturing companies. Successfully demonstrated that the plaintiff did not have silicosis, but instead had a rare, non-occupational and misdiagnosed vascular tumor.

Toxic Tort and Mass Tort Litigation. National coordinating and national trial counsel for complex toxic tort and mass tort litigation for Fortune 500 clients in claims involving exposures to, among other substances, asbestos, benzene, silica, and diacetyl in state and federal courts nationwide, often in jurisdictions known to be hostile to corporate defendants. Cases have resolved with trial court victories and favorable settlements. Other litigation is ongoing.

Walmart Wage and Hour Class Action. Minnesota trial counsel for Walmart in three-month wage and hour class action in Minnesota in which the class made allegations of rest break and meal period violations, as well as claims for uncompensated off-the-clock work.

Yo-Plus Consumer Class Action. Defended General Mills, Inc. against a class action, on behalf of California purchasers, alleging that Yo-Plus probiotic yogurt does not promote digestive health as advertised. General Mills retained Mr. Blackwell as first-chair trial counsel after the court granted class certification. Blackwell Burke then obtained de-certification of the class’s claims for damages, including its claim for punitive damages. The case settled shortly after the de-certification decision.

Nature Valley Putative Nationwide Class Action. Won complete defense victory on behalf of General Mills, against allegations of mislabeling and false advertising related to the company’s snack bars.

Fuel dealer franchise litigation. Won summary judgment in favor of Exxon Mobil Corporation in suit challenging “zone pricing” as illegal price discrimination. Also won summary judgment for the same company in class action by franchisee dealers challenging fuel pricing, and won concurrent Third Circuit appeal from denial of preliminary injunction.

Contractual Indemnity Trial. Won defense victory on behalf of General Mills in contractual-indemnity claim filed in the Northern District of Georgia. CSX Transportation sought reimbursement for a settlement of $16 million it paid to a former General Mills’ employee following a serious railcar accident at General Mills’ Convington, Georgia facility in 2005. The settlement was made pending CSX’s appeal of a $20.5 million jury verdict against it, based on the jury’s finding that CSX was at fault for the accident. The Court dismissed CSX’s indemnity claims against General Mills, agreeing that it was not contractually required to indemnify CSX for claims arising from CSX’s sole negligence.

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